ND Bar Practice Questions - North Dakota Bar Examination Exam

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A defendant points an unloaded gun at a victim during a robbery, intending only to frighten the victim, but the gun discharges and kills the victim. The defendant is charged with felony murder. Under the felony-murder rule, the defendant is most likely:

Not guilty, because he lacked the intent to kill Guilty, because the killing occurred during the commission of an inherently dangerous felony (robbery) Not guilty, because the discharge was accidental Guilty only of involuntary manslaughter

Correct Answer:

Guilty, because the killing occurred during the commission of an inherently dangerous felony (robbery)

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